Revocable vs irrevocable trust

Updated 2026-10-16 · Expert review in progress

The short answer

A revocable trust is one you can change or cancel at any time while you have capacity; you keep control, and it becomes irrevocable at your death. An irrevocable trust generally can't be changed once signed, because you give up control of the property. Most estate plans start with a revocable trust; irrevocable trusts serve narrower goals.

You may have heard both words in the same breath and wondered why anyone would choose a trust they can't change. It's a fair question. The difference between an irrevocable vs revocable trust comes down to one thing: whether you keep the power to change your mind.

This post explains what each kind does, what each one can and can't protect, and why most people start with a revocable trust. It's part of our guide to estate planning documents, which shows how a trust fits with your will and powers of attorney.

What is the difference between a revocable and an irrevocable trust?

A revocable trust is one you can change or cancel while you're living and have capacity. You usually manage it yourself as trustee. It's the same thing people mean by a living trust.

An irrevocable trust generally can't be changed or canceled once you sign it. You hand over the property and, with it, control. Someone else usually manages it.

Words matter here. In Washington, a trust is revocable only if its terms expressly say so (RCW 11.103.030). If a Washington trust is silent, the person who created it can't revoke or amend it. Other states set their own default, which is why a trust is always drafted for a specific state.

Here are the two side by side:

Item	Revocable trust	Irrevocable trust
Can you change or cancel it?	Yes, while you have capacity	Generally no
Who usually manages it?	You, then a successor trustee	Someone other than you
Whose income is it for tax purposes?	Yours	Depends on how it's written
Protects property from your creditors?	No	Not if it's for your own benefit (in Washington)
Counts toward Medicaid resources?	Yes	Depends on whether you can receive payments, plus a look-back
Avoids probate for property in it?	Yes, for property actually in it	Yes, for property actually in it
Typical use	The core of most estate plans	Specific goals like Medicaid or tax planning

The rows on tax, creditors and Medicaid are explained below.

What does "revocable" let you do?

It lets you live normally. You can sell the house, open accounts, change who inherits, or tear the whole thing up.

In Washington, you can change a revocable trust using the method the trust sets out. If that method isn't made exclusive, you can also use a signed writing, or a later will that refers to the trust (RCW 11.103.030). While you're living, the trustee's duties are owed only to you (RCW 11.103.040).

Your agent under a power of attorney can't change your trust just because they hold that title. In Washington, an agent can use those powers only to the extent your power of attorney spells out, and consistent with the trust itself (RCW 11.103.030). Your plans stay yours.

A revocable trust becomes irrevocable at death

Once you die, nobody can revoke your trust, and its terms are locked in. Washington law treats property in a trust that becomes irrevocable at death as a "nonprobate asset," which passes outside your will (RCW 11.02.005). That is how a funded revocable trust keeps property out of probate.

Your successor trustee then gathers the property, pays final bills and distributes it as you wrote. Our post on what a successor trustee does covers that work.

What does a revocable trust not do?

Because you keep control, the law treats the property as still yours for most purposes. That has three effects people often don't expect.

Income tax: under federal law, a person who holds the power to take back trust property is treated as its owner (26 U.S.C. 676). The trust's income is reported as yours.
Estate tax: property you could revoke or amend at death is included in your gross estate (26 U.S.C. 2038).
Medicaid: federal Medicaid law counts the property in a revocable trust as resources available to you (42 U.S.C. 1396p(d)(3)(A)).

None of this is a flaw. A revocable trust is built for control, privacy and a smooth handoff, not for shielding property.

Why would anyone choose an irrevocable trust?

Because giving up control can change how the law treats the property. People use irrevocable trusts for specific, narrower goals, usually with a lawyer's help.

Medicaid is a common example, and the rules are strict. Under federal law, if any payment from an irrevocable trust could be made to you, that portion counts as your resource. A portion that could never be paid to you is treated as a transfer of assets (42 U.S.C. 1396p(d)(3)(B)).

Transfers like that are checked against a look-back period. For trust transfers, the look-back is 60 months before you apply for Medicaid (42 U.S.C. 1396p(c)(1)(B)). So an irrevocable trust set up close to needing care may not help, and this kind of planning is best done with an elder law attorney.

Creditors are another place people expect too much. Washington law makes transfers into a trust for your own use void against your creditors (RCW 19.36.020). That applies whether or not the trust is revocable.

Can an irrevocable trust ever be changed?

Sometimes, but not on your own say-so. Washington has a binding nonjudicial procedure: everyone interested in a trust can settle a matter by a written agreement they all sign (RCW 11.96A.210, RCW 11.96A.220). Courts can also be asked. Either way, it takes other people's agreement or a judge, not just a change of heart.

Which kind is right for you?

For most people in their sixties and seventies, the starting point is a revocable trust. It keeps you in charge today, names a successor trustee for the day you can't manage, and passes trust property without probate.

An irrevocable trust is worth a conversation with a lawyer if one of these sounds like you:

You are planning, years ahead, for how long-term care might be paid for.
Your estate is large enough that federal or state estate tax is a real question.
You want to set aside money for someone who receives public benefits.
You are making a permanent gift and are sure you won't need the money back.

If none of those fit, a revocable trust with a pour-over will is the usual pairing. Our post on whether you need a trust at all helps if you're still deciding.

The harder question is often who serves as successor trustee. Our guide to the four roles in every estate plan walks through choosing someone for each role, with a backup. A Kinly membership includes a revocable trust drafted for your state, with the option to name Trella Trust Company as successor trustee, first or behind a person you choose.

Health care choices sit in different documents altogether. Our post on the advance directive covers those.

Common questions

Is a living trust revocable or irrevocable?

Almost always revocable. "Living trust" usually means a revocable trust you create while you're alive and manage yourself. In Washington the trust must expressly say it's revocable for you to keep that power (RCW 11.103.030).

Does a revocable trust become irrevocable when I die?

Yes. After your death nobody can revoke it, and your successor trustee follows its terms. Washington treats property in such a trust as a nonprobate asset, so it passes outside probate.

Does a revocable trust protect my house from a nursing home?

No. Federal Medicaid law counts property in a revocable trust as a resource available to you. Some irrevocable trusts can be part of Medicaid planning, but the rules include a 60-month look-back for trust transfers, so talk to an elder law attorney well ahead of time.

Can I be the trustee of an irrevocable trust?

It depends on the trust's purpose and how it's written. Many irrevocable trusts name someone else, because keeping control can undo the reason for the trust. This is a question for the lawyer drafting it.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

DocumentsWhat is a pour-over will?A pour over will catches anything left outside your living trust and sends it into the trust at your death. Why you need one, and what it can't do.DocumentsWhat is an advance directive? What to put in yoursAn advance directive puts your medical wishes in writing for a time you can't speak. What it is, what to put in yours, and how to make it count.DocumentsEstate planning documents: what you need and what each one doesEstate planning documents in plain words: what a will, trust, power of attorney and health care directive each do, and who has to act on every one of them.The four rolesThe four roles in an estate plan, and who should fill themWho should I name as power of attorney, executor and trustee? A plain guide to the four roles in every estate plan and how to choose who fills each.